We draft Modern Wills, Enduring Power of Attorney, Enduring Power of Guardianship and Advance Health Directives.
Your will is a written document that outlines your wishes for the distribution of your assets and property after your passing. To be legally valid, binding and effective, a will must adhere to specific protocols and requirements.
At Barnard Lawyers, we can make sure that your will is legally valid. We can assist you to find peace of mind with an up-to-date Modern will, knowing you are leaving your assets and property in accordance with your wishes.
We offer an efficient and cost-effective service. Pre-appointment, you can enter your information into a simple online form on our smart document system. Of course, if you prefer, we will do all of this with you at your appointment.
We offer a flexible, mobile wills service, and we can come to you whether you live in Balcatta or else where.
An Enduring Power of Attorney enables you to appoint a person to make financial and property decisions on your behalf. This can be restricted to your specific needs. An Enduring Power of Attorney can be limited to a particular transaction, a specific piece of business, or cover a specified period. This flexibility allows you to define the scope of authority granted to your chosen Attorney, ensuring that your wishes are followed precisely.
An Enduring Power of Attorney allows you to appoint a person to make financial decisions and property decisions on your behalf, especially if you become incapacitated due to illness, injury, or old age.
By creating an Enduring Power of Attorney, you can proactively safeguard your financial interests. An Enduring Power of Attorney offers peace of mind, knowing that someone you trust will manage your affairs competently, preserving your wealth and ensuring your obligations are met. An Enduring Power of Attorney is a powerful tool for estate planning, allowing you to navigate unforeseen circumstances with confidence and security. An Enduring Power of Attorney is a vital component of your financial and legal preparedness, ensuring your legacy and assets are protected, regardless of the challenges life may bring.
An Enduring Power of Guardianship allows you to appoint a person or persons to make health and lifestyle decisions on your behalf should you lose the capacity to make such decisions yourself.
An Enduring Power of Guardianship can outline your preferences. By clearly expressing your wishes in an Enduring Power of Guardianship, you provide invaluable guidance to your guardians, ensuring that your dignity and choices are upheld, even in the most challenging circumstances.
A grant is an order by the Supreme Court providing the executor or administrator with the authority to deal with the deceased person’s property. Banks and other financial institutions, Landgate, and share registries will usually require a copy of the grant of probate or to see the original version when dealing with the executor or administrator on the deceased’s person’s property.
An executor or administrator of a Will must apply to the Supreme Court of Western Australia to obtain a grant of probate.
After a loved one has passed, we can assist surviving family members or friends and guide them through the estate administration processes. Probate can be a complex area of law and we do recommend you seek the assistance of a lawyer, especially if you are applying for Letters of Administration. At Barnard Lawyers, we know how tough these situations can be, and can help you successfully apply for Probate or Letters of Administration.
The type of grant required will depend on whether the deceased left a valid will and if so the terms of that will, or whether the deceased died without leaving a valid will.
Probate – where a person has died leaving a will that nominates a person as executor. The Court may grant Probate to that person.
Letters of Administration With the Will Annexed – where a person has passed leaving a will but does not name an executor or where the named executor in the will is unable or unwilling to apply for a grant of Probate. The Court may grant Letters of Administration with the Will Annexed to an appropriate person, usually a beneficiary of the deceased’s estate.
Letters of Administration – where a person has died without leaving a valid will the Court may grant Letters of Administration to an appropriate person, usually a beneficiary of the deceased’s estate.
Being an executor or administrator of an estate brings with it responsibilities, which will often come at a stressful time as you are dealing with the loss of a loved one. We recommend you seek the assistance of Barnard lawyers if you are finding the process difficult.
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